Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68579 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== DHIRENDRA KUMAR S/O SHREE VISHWANATH KUNWAR R/o village- Chak Hussainpur, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Alka Devi W/o Dhirendra Kumar, D/o Late Arun Kumar Singh At Present R/o village- Vishnupur Vasudeo, P.S.- Mahindwara, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mrs.Suman Kumari Singh Mr.Pushpendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the parties.

The petitioner, husband of the informant, apprehends his arrest in a case registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have committed torture and harassment with the informant/opposite party no. 2 for dowry.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month to the informant.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.68579 of 2021(3) dt.24-06-2022 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P.S. Case No. 95 of 2020 on the following conditions:

(1.) The informant would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant.

(3.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.68579 of 2021(3) dt.24-06-2022 3/3 (5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(6.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.

The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) anay/- U T